privacy policy

SHAKE SMART PRIVACY POLICY

SHAKE SMART RESPECTS YOUR PRIVACY AND DOES NOT SELL YOUR INFORMATION


At Shake Smart, we respect your privacy, your personal information, and we do not sell your information. We do, however, collect some information and share with our partners in order to provide you with certain services like online ordering, loyalty, or to communicate with you. 

This Privacy Policy describes how your personal information is collected, used, and shared when you visit shakesmart.com, our Self Order System, or our Rewards App (the “Website” “Site” or “Sites”). 

In order to make your visits to shakesmart.com and/or any of its affiliate website(s) are as responsive as possible, we collect information when you visit us. To help ensure an enjoyable online experience for all of our visitors, we provide this summary of what information shakesmart.com and/or any of its affiliate website(s) collects online, and how we use that information.

shakesmart.com and/or any of its affiliate website(s) is not directed at anyone under the age of 13. Anyone under the age of 13 should not provide personal information on this website.

Shake Smart’s Privacy Policy (“Policy”) does not apply to our licensees or to our employees.

POLICY SUMMARY

The following summary provides some highlights of our Policy, but please read further below to review our full Policy.

INFORMATION WE COLLECT

We collect various types of information about you, including:

  • Information you provide to us;
  • Information we collect about your use of our websites, mobile application, loyalty program, in-store WiFi services, and other online services; and
  • Information we obtain from third parties, such as those providing services to us, to improve your customer experience.

 We also may collect information in ways that we describe to you at the time we collect it or via other means, with your consent.

USE OF INFORMATION

We use the information we collect about our customers for the following business purposes:

  • To communicate with you regarding our products, offers, and promotions;
  • To facilitate business transactions, such as the purchase of food from our restaurants;
  • To provide WiFi services in our restaurants;
  • To provide and manage our Shake Smart Rewards program;
  • To deliver targeted advertising, including offers and promotions;
  • To learn more about our customers in order to improve our customers’ experience
  • To manage online and other services you request from Shake Smart, such as orders you place for pickup
  • To detect fraud, protect security, legal compliance, or other purposes as set forth below.

We may also use information we collect about you for other business purposes when you consent or otherwise request that we do so.

COOKIES AND ONLINE ADVERTISING

As with most companies, when you use Shake Smart’s websites and online services, we may use cookies, web beacons, do-not-track signals, and other related technologies to improve and customize the advertisements you see and your overall experience with our services. See below for additional information about our collection of information using these technologies.

DISCLOSURE OF INFORMATION

We may disclose to or share the personal information we collect about you to the following parties:

  • Business partners and service providers, including data analytics providers and those that provide advertising or social media services;
  • Companies and entities affiliated with Shake Smart;
  • Licensees of Shake Smart; and
  • Other parties when required or permitted by applicable law, such as to protect our consumers and their data, or to facilitate a transaction such as the purchase of food

DATA SECURITY

Although Shake Smart cannot guarantee security of our online services or information transmitted over the Internet, we have put in place certain procedures to safeguard your personal information when it is in our control. Please see the full policy below for more information regarding data security.

YOUR DATA PRIVACY RIGHTS

Your personal information is important. Please see below for information regarding Shake Smart’s websites and online services, links to third-party sites, your privacy rights under California law, and children’s privacy.

PRIVACY POLICY

This Privacy Policy (“Policy”) describes how Shake Smart (“Shake Smart”) and its subsidiaries and affiliated companies (collectively, “Shake Smart”, “we”, or “our”) collect, use, and disclose personal information of customers and others who visit our restaurants or our websites, as well as users of our online services and others to whom we expressly provide that this Policy will apply. This Policy applies to data collected when you visit and use Shake Smart’s website, mobile or tablet applications, or loyalty program, and to data collected in restaurants, and other online services or platforms (collectively, the “Services”). With respect to personal information collected via the Internet, this Policy outlines the types of personal information that you may provide to us on any Services controlled by Shake Smart which link to this Policy, and it explains how Shake Smart handles such personal information. This Policy does not apply to websites or applications that do not link to this Policy, or to third-party websites to which the Services may link. Your use of the Services is subject to this Policy and any additional terms and conditions that may be applicable to such Services, including Shake Smart’s Terms of Use.

Please note that if you are a California resident you may have additional rights as set forth in the California Privacy Notice below.

COLLECTION OF PERSONAL INFORMATION

We collect personal information about customers and users of our Services in a variety of ways. We may collect information you provide to us, information we collect through your use of the Services, information we collect from our third-party business partners, and information from publicly available sources.

INFORMATION YOU PROVIDE TO US

We collect personal information from you when you voluntarily use or engage with the Services, such as providing general comments, making purchases of food or gift cards in one of our restaurants, online, or through our mobile application, registering for sweepstakes or contests, participating in our Rewards Program, using our WiFi services, and content submissions. For example, you may submit your name, postal address, e-mail address, IP address, phone number (which we may use for text messaging if you have opted in), gender, and/or birthdate in order to receive information about various subjects, register for or participate in programs, contact customer service, make purchases, or respond to surveys.

In order to process a financial transaction you request, such as the purchase of food or gift cards in a restaurant, through our mobile app, or online, our third-party payment processor may collect credit card information such as your credit card number, security code, the card’s expiration date, and a signature. When you enter one of our restaurants, we may collect information through our security cameras or WiFi networks.

When you register for and participate in our loyalty program, we collect your email, full name, phone number, password, birthdate, zip code and preferred location. We also track your opt-in/out status and other guest interactions such as loyalty points earned, tier status changes, locations visited, transactions made and rewards used.

When you use the WiFi in our restaurants, we collect the following personal information from you: MAC address and IP address.

It is always your option to provide your personal information, but you may not be able to participate in some or all of the Services if you choose not to provide your personal information. By providing personal information through the Services, you explicitly consent to our collection and use of all such personal information as described in this Policy. If you submit someone else’s personal information to us (e.g., someone else’s contact information), you represent that you are authorized to provide this information to us.

INFORMATION COLLECTED AUTOMATICALLY

When you visit or use our Services, Shake Smart may collect certain personal information by automated means. We may use “cookies” to store certain personal information on your computer that allows us to customize your use of Shake Smart’s Services or to simply facilitate signing into the Services. A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of our Services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Services. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of our websites may then be inaccessible or not function properly.

The personal information we collect through cookies and tracking technologies may include your Internet Protocol (IP) address, computer/mobile device operating system and browser type, type of mobile device, the unique device identifier (UDID) or mobile equipment identifier (MEID) for your mobile device, the address of a referring web site (if any), and the pages you visit on our Services. We may use this personal information to operate, maintain, and manage our Services and to provide services such as technical support. In addition, we may collect certain personal information using various tracking technologies, Internet tags, and web beacons such as number of visitors/users of the Online Services, but only in an aggregate and non-personally-identifiable form.

For each user of Shake Smart’s Services, Shake Smart’s web server automatically recognizes and stores computer-readable personal information such as the visitor’s IP address and domain name combination. This is typically anonymous information automatically provided by your computer. We use this personal information to follow visitor traffic patterns through the Services to improve user experience.

INFORMATION COLLECTED THROUGH YOUR USE OF THE SERVICES

When you use the Services, such as Shake Smart’s website(s) or mobile application (the “App”) and related content, we may collect information about your use of these Services. The information automatically collected may include:

Usage Details. Certain details of your access to and use of the App, including traffic data, location data, logs and other communication data and the resources that you access and use on or through the App.

Device Information. Information about your mobile device and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information, and the device’s telephone number.

Transaction Information. We use third-party service providers to collect, combine and evaluate information from various different Services, such as Wi-Fi usage, online purchases, in-store purchases, loyalty program activity, gift card activity, and responsiveness to our advertising in order to better evaluate and deepen our relationship with our customers and to deliver them information and advertising targeted to their preferences and interests. 

Stored Information and Files. Metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts, and address book information.

Geolocation. Our App and mobile versions of our website may collect precise personal information about the location of your mobile device using location awareness technologies such as GPS, WiFi, Bluetooth, or cell tower proximity if you have consented to such tracking.

Depending on the permission settings of your personal mobile device(s) and the permission settings you choose for Shake Smart’s mobile application, when using the App we may also collect or have access to your:

  • If you enable this functionality, the App may access the camera to scan and input payment method details.
  • WiFi connection information. If you enable this functionality, this may allow the App to view WiFi connections.
  • Depending on the transactions or services you choose, the App will send and receive data to and from the Internet, enable network access, control vibration of your device, or prevent your device from sleeping.

By adjusting the permissions either in your mobile device settings or your settings for the App, you may enable or disable location tracking. Please note, however, that even if you disable location services, other means of establishing or estimating location may exist and be used (such as connecting to WiFi, your device’s proximity to a WiFi network, Bluetooth technology, beacons, or our networks). Note also that if you enable location tracking, you may allow the App to track your location in the background, which can decrease battery life.

Shake Smart may combine the personal information you provide through the Services with personal information we may collect from you offline, or from third parties.

INFORMATION COLLECTED BY OR THROUGH THIRD PARTIES

We may work with certain third parties who use one or more automated information collection technologies to collect information about you or your mobile or computing device. These third parties may include:

  • Advertisers, ad networks and ad servers.
  • Analytics companies.
  • Your mobile device manufacturer.
  • Your mobile service provider.

We or these third parties may use tracking technologies to collect information about you when you use the App or website(s). The information collected may be associated with your personal information or may include information, including personal information, about your online activities over time and across different websites, apps, and other online services websites.

Some functionality provided by the Services may allow you to log in via one or more of your third-party social media accounts or share information or content from the Services in or through your social media platforms. We may combine information we collect about you with information we obtain from these or other publicly or commercially available third party sources, as permitted by law. When you submit information to a third party, you are subject to that third party’s terms of use and privacy policies, for which we are not responsible.

DO-NOT-TRACK AND OTHER CHOICES WITH RESPECT TO ONLINE ADVERTISING

If your Internet browser employs blocking or “Do Not Track” technology that limits recognition or the collection of such computer-readable personal information, Shake Smart will not alter or bypass such technology. Shake Smart does not provide access to third parties to track your personal information through your use of the Services, but Shake Smart may allow third parties to access certain personal information you provide as described in the Use and Disclosure of Your Personal Information Section below. For websites, you may opt-out of certain tracking, however, by disabling cookies through your browser or by visiting the opt-outs provided by the Network Advertising Initiative, Digital Advertising Alliance, Meta, and Google.

For more information regarding managing the privacy of your information with respect to online advertising and to learn how to opt-out of having your information collected by these networks, please visit: http://www.youradchoices.comhttp://www.aboutads.info/appchoiceshttp://www.networkadvertising.org, or https://www.networkadvertising.org/mobile-choice. To opt-out in mobile apps, please download the Digital Advertising Alliance’s AppChoices tool at http://www.aboutads.info/appchoices and adjust the advertising preferences on your mobile device. Please note that we are not responsible for the opt-out process of third parties.

If you are a resident of California, you can opt-out of the sharing of your personal information for cross-context behavioral advertising as noted below.

USE OF YOUR PERSONAL INFORMATION

The privacy of your personal data is important. Shake Smart will only use the personal information we collect about you for the purposes described in this Policy. Generally, Shake Smart may use the personal information you provide, or that we collect from other sources, for our general business purposes, such as responding to your requests or questions, processing transactions such as food or gift card orders, to fulfill the purpose for which you provided it, communicating about customer service, informing you about others’ products or services you might find interesting, personalizing our Services to meet your needs or preferences, or for marketing our products and services to you.

More specifically, Shake Smart may use the personal information we collect about you for the following purposes:

  • To facilitate your use of the Services;
  • To improve your user experience with the Services;
  • To conduct or facilitate business transactions, such as fulfilling in store and online food and beverage orders and processing payment information for food or gift card purchases;
  • To enable and facilitate participation in our gift card, mobile app, loyalty and other programs;
  • To communicate with you about our restaurants and the Services, including sending text messages about the status of online orders, and through interest-based (behavioral) and other targeted advertising and content, such as coupons and promotional offers at our restaurants that you are notified about through the rewards App, email, or online;
  • To respond to your requests, comments, questions, or feedback;
  • To register you for accounts on the Services, such as Shake Smart’s Rewards program;
  • To provide you with marketing communications, such as promotions or offers, new product information, and information about our restaurants;
  • To register you for SMS, email and/or mailing lists for marketing communications, including sending you text messages with surveys regarding your ordering experience;
  • To provide location-based services;
  • To perform analyses of the various features and functionality of the Services for our marketing purposes;
  • To analyze and understand your and other consumers’ interaction with Shake Smart and the Services, including your demographic information, Shake Smart-related behavior and your preferences and interests, so that we may improve our products and the Services to delight our customers;
  • To enable “Share With a Friend” or related services. (Note that unless and only where it is permitted by law, we do not use the contact information you provide for “Share With a Friend” functionality for other unrelated purposes without your consent or that of the recipient, if and as applicable.);
  • To prevent, identify, investigate, or take action concerning suspected or actual illegal activity, or any activity that violates our policies, either in restaurant or online; or
  • For any other purpose, with your consent, where appropriate.

With respect to location information in particular, Shake Smart uses this personal information for location-based services that you request, such as locating nearby Shake Smart restaurants, identifying special offers that may be of interest to you, or personalizing your interactions with Shake Smart. For most mobile devices, you can withdraw your permission for Shake Smart to acquire location information through the device settings. If you have questions about how to disable your mobile device’s location services, we recommend you contact your mobile device service provider or the device manufacturer. 

If you would like us to delete location personal information we have collected, please contact us at info@shakesmart.com.

Please note that the applications may not function properly following deletion, and that we may be required by law to retain certain personal information. See the chart below for more information about how we use personal information we collect about you.

DISCLOSURE OF YOUR PERSONAL INFORMATION

In order to fulfill the purposes described above, we may disclose your personal information to third parties, as set forth below:

  • To our subsidiaries, affiliates, and franchisees who are restricted to using such information in accordance with this Policy.
  • To our vendors and service providers who provide services or perform functions on our behalf (including but not limited to, Punchh Loyalty, Heartland Payment Systems, Valutech, Google Analytics, META, Ntooitive), who are bound by obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them. This includes providing personal information to social media companies which you connect with the Services and other third parties who provide content, advertising, or other functionality related to the Services.
  • To third parties with your consent.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Shake Smart’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Shake Smart’s services’ users is among the assets transferred.
  • To comply with any court order, law, or legal process, including to respond to any government, law enforcement, or regulatory request.
  • To enforce or apply our Shake Smart Website terms of use, Online Ordering Terms of Sale and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Shake Smart, our customers, or others. This includes exchanging personal information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
  • We may also publicly post on our Services certain user-generated content you submit to us.

All of the above excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties (except to our service provider that facilitates text messaging).  We may also disclose aggregated personal information about our users, and personal information that does not identify any individual.

In all instances the personal information will be used only for the purposes enunciated in this Policy.

Shake Smart fully encourages all parents to supervise their children’s online activities and regularly monitor their children’s use of the Internet, including use of Shake Smart’s Services. Parents should consider using parental control tools and other services to assist them in supervising their children’s online use or online disclosure of their name, address or other personal information without parental consent.

BEHAVIOURAL ADVERTISING

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at

http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising by visiting:
FACEBOOK – https://www.facebook.com/settings/?tab=ads
GOOGLE – https://www.google.com/settings/ads/anonymous
BING – https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

THIRD-PARTY INFORMATION & MOBILE APPLICATION COLLECTION, ANALYSIS, AND TRACKING

Shake Smart’s Services and communications through the Services may contain links and pointers to other third party websites, including, without limitation, websites for employment applications, advertising, and social media platforms. This Policy does not apply to these third party websites, and we are not responsible for the privacy practices, policies, or content of any such third party websites, even if you link to them through the Services or communications related to the Services. We have no control over how such third party websites collect or use personal information, and we have no responsibility for any personal information you provide or content you post on such third party websites. We encourage you to read and understand the privacy policies of any third party websites that you visit.

CORRECTING, ACCESSING, & DELETING YOUR INFORMATION

You can change or review your personal information by logging into your account on the applications provided through the Services and visiting your account profile page. We cannot delete your personal information except by also deleting your user account. We provide you with the ability to access, rectify, port and erase your data. We store data until such data is no longer necessary to provide our Services or until your account is deleted, whichever comes first. We may not accommodate a request to change information if we believe the change would violate any legal requirement or cause the information to be incorrect. Regarding information about children, see below regarding Children Under the Age of 13.

CHILDREN UNDER THE AGE OF 13

We do not collect personal information from children under 13.  If we discover that a child under 13 has provided us their personal information, we will take efforts to delete that information.

NOTICE TO CALIFORNIA CONSUMERS

This Notice to California Consumers contains the disclosures required under the California Consumer Privacy Act (“CCPA”). For individuals who are California residents, the CCPA requires certain disclosures about the categories of personal information we collect and how we use it, the categories of sources from which we collect personal information, and the third parties with whom we share it.

California residents may request a list of certain third parties to whom we have disclosed their personal information to be used for the third party’s own direct marketing purposes. You may make a personal information request twice in a 12-month period. If you submit a request, Shake Smart may need to collect information from you so that it can verify your identity. Shake Smart will respond within 45 days of receiving a personal information request.

You have the following rights under the CCPA:

  • Right to know about personal information collected, disclosed, or sold, including the categories of personal information, the categories of sources from which the personal information is collected, the business or commercial purpose for collecting, selling or sharing personal information, the categories of third parties to whom we disclose personal information, and the specific pieces of personal information that we have collected about you;
  • Right to request deletion of your personal information, subject to certain exceptions;
  • Right to correct inaccurate personal information that we maintain about you;
  • Right to opt-out of the sale or sharing of your personal information by us by submitted a request at info@shakesmart.com
  • Right to not receive discriminatory treatment by us for the exercise of privacy rights conferred by the CCPA, including an employee’s, applicant’s or independent contractor’s right not to be retaliated against for the exercise of their CCPA rights.

We do not offer a right to limit the use or disclosure of sensitive personal information because, within the meaning of the CCPA, we do not use sensitive personal information for inferring characteristics.

In order to submit a request, we will need to verify your identity. If you have an account with us that is password-protected, we may verify your identity through our existing authentication practices for your account. We may request two or more data points of personal information and other proof of identification to verify your identity depending on the nature of the request and the personal information requested.

Please note that following your verified request, we will send you your personal information from the following email address: info@shakesmart.com (Any response to your request, including any personal information may be sent as an encrypted file).

We will process and respond to your request within 45 days (in some cases, as is allowed under the CCPA, this process may be extended by an additional 45 days).

Please note that once you have submitted a request, we will send you a receipt, acknowledging your request, within 10 days. If, for some reason, you do not receive such a receipt within 10 days of your submitted request, please send an email to info@shakesmart.com as an error may have occurred.

As a California resident, you also have the right to designate an agent to exercise these rights on your behalf. We may require proof that you have designated the authorized agent to act on your behalf and to verify your identity directly with us. Please contact us at info@shakesmart.com for more information if you wish to submit a request through an authorized agent.

We hereby inform you that if you exercise any of your rights under the CCPA, we may not deny you goods or services for that reason, or subject you to different prices than those paid by other consumers, unless provided otherwise under the CCPA, Federal, or State law.

If you have any questions about our Policy, you may email us at info@shakesmart.com.

Notice of Right to Opt-Out of Sale and Sharing of Personal Information

You may opt-out of the sharing of your personal information for cross-context behavioral purposes by emailing info@shakesmart.com and completing the information there. You may also choose to enable online, where available, a universal tool that automatically communicates your opt-out preferences, such as the Global Privacy Control (“GPC”). We will process the GPC signal as a request to opt out.

We do not offer an opt-out from the sale of personal information since we do not sell your personal information.

Notice of Information We Collect and Have Collected

Pursuant to California Civil Section 1798.100(b), this serves as notice of the categories of personal information that we may collect and have collected through the Site and at our locations and the commercial purposes for which we collected that information. All of the categories of personal information we collect about you (as detailed below) come from the following categories of sources:

  • You, including through your use of our website and Services and on behalf of any students that you enroll for our Services
  • Automatically collected from you
  • Our affiliate companies and licensees
  • Third parties such as service providers, data analytics providers, operating systems and providers, and social media networks

In particular, we may collect and have collected the following categories of personal information from California consumers within the last twelve (12) months for the following purposes: 

CategoryCollectedBusiness or Commercial Purpose
A. Identifiers.YESLimited to name, email, and IP address, for loyalty, gift cards, email campaigns, and online ordering systems.
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).YESLimited to name, phone number, address, credit card number, and signature, which may be used for in-store and online order processing, loyalty program administration and targeted marketing/advertising.
C. Protected classification characteristics under California or federal law.YESLimited to age and gender which may be used by our loyalty and offers platform.
D. Commercial information.YESLimited to your El Pollo Loco purchase history, which is used for loyalty program administration, targeted marketing/ advertising, and to improve and develop our products and Services.
E. Biometric information.NON/A
F. Internet or other similar network activity.YESLimited to interactions with the El Pollo Loco website or iOS/Android Apps and El Pollo Loco WiFi services.
G. Geolocation data.YESOur App and mobile versions of our website and some third parties such as Facebook may use geolocation data for advertising and curbside pickup order fulfillment purposes. For any data collected by third party websites, related personal information and geolocation history is not stored or shared with El Pollo Loco. With respect to El Pollo Loco’s App and website, any geolocation data used for order fulfillment is not stored or retained by El Pollo Loco.
H. Sensory data.YESLimited to video and audio in restaurant through our security camera systems. Used to assure physical safety and security in our restaurants. Not used for identification or linking to consumer activity.
I. Professional or employment-related information.NON/A
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).NON/A
K. Inferences drawn from other Personal Information.YESLimited to ordering and location preferences for targeted marketing and advertising purposes. We use third parties to track and combine personal information from our Services as discussed above to create profiles to provide tailored offers and promotions.  Some third  parties such as Facebook may be evaluating other preferences or characteristics.

NOTICE OF SALE OR SHARING OF PERSONAL INFORMATION

In the past 12 months, we have shared, as defined under California Privacy Laws, personal information listed in the following categories: identifiers, personal information categories listed in the California Customer Records statute, protected classifications under California or federal law, commercial information, internet or other similar network activity, and inferences drawn from other personal information. These categories of personal information are shared with media partners, social networks and advertising networks for purposes of cross-context behavioral advertising. You can opt-out of such sharing as noted above under Notice of Right to Opt-out of Sale and Sharing of Personal Information.

We do not sell your personal information as that term is defined in the California Privacy Laws.  We also do not sell or share (i) personal information if we have actual knowledge that the consumer is less than 16 years of age; or (ii) Sensitive Personal Information.

NOTICE OF DISCLOSURES OF PERSONAL INFORMATION FOR A BUSINESS PURPOSE

In the past 12 months, we have disclosed, as defined under California Privacy Laws, the following categories of personal information listed in Section A through K above for one or more business purposes. Such disclosures have been made to service providers, data analytics providers, operating systems and providers, social media networks, and other recipients as listed in the Section entitled “DISCLOSURE OF YOUR PERSONAL INFORMATION.” In addition, please note that user generated content may be disclosed to other users of our website and Services.

The definition of “business purpose” is as follows:

  • Auditing related to a current interaction with the consumer and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with laws and other standards;
  • Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity;
  • Performing services on behalf of the business, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services on behalf of the business;
  • Debugging to identify and repair errors that impair existing intended functionality;
  • Short-term, transient use, provided the personal information is not disclosed to another third party and is not used to build a profile about a consumer or otherwise alter an individual consumer’s experience outside the current interaction, including, but not limited to, the contextual customization of ads shown as part of the same interaction;
  • Undertaking internal research for technological development and demonstration; and
  • Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the company, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the business.

RETENTION

We retain personal information to achieve the purposes for which the information was collected. In certain cases, we may need to retain personal information for purposes required under applicable law, for tax or audit purposes, or for other purposes permitted under law.

NOTICE OF FINANCIAL INCENTIVE

Shake Smart offers customers the opportunity to participate in its loyalty program, Shake Smart Rewards (“Program”). By participating in the Program, you may earn benefits such as discounts on food and beverages, a reward on your birthday, and other valuable offers.  These benefits may be considered financial incentives under California law. The Shake Smart Rewards terms and conditions may be found here.

When you sign-up for the Program, you opt-in to receive financial incentives. If you choose to enroll in the Program, we ask you to provide your full name, email address, phone number, birthdate, and favorite restaurant location information; we also track other information such as the locations you visit, the purchases you make, and the rewards you earn and redeem. Other information about you may be communicated to us if you choose to enroll in the Program using a third-party account, such as a Facebook account, or if you choose to provide additional information that enables certain features or services.

We offer the Program primarily to thank our customers for their loyal business. The personal information you provide if you choose to enroll and participate in Shake Smart Rewards is valuable to us because it allows us to administer the Program and provide you Program benefits, and to understand your interaction with Shake Smart so that we may improve our products and services and notify you of offers and promotions that may be of interest to you. For a more detailed description of how we may use your personal information, please see our Privacy Policy above.

The financial incentives offered in connection with the Program are reasonably related to the value of the personal information provided by customers that choose to enroll and participate in the Program.

We do not assign a monetary value to the personal information that we collect from you for accounting purposes, and strive only to use that personal information to further our business in accordance with our Privacy Policy. To the extent that we are required to assign a monetary value to your personal information, it is reasonably related to the value of the Program benefits that we offer you. 

You may join Shake Smart Rewards by downloading and signing-up through our mobile App, or on this page of our website. Participation in Shake Smart Rewards is voluntary. You may withdraw from the Program at any time by submitting a request at info@shakesmart.com.

INFORMATION SECURITY

Shake Smart takes great pride and care in maintaining the safety and security of your personal information and in preventing its unauthorized access by employing appropriate technology and internal procedures. When we transmit sensitive personal information through our Services, we protect it by encryption, such as Secure Socket Layer (SSL) protocol. However, Shake Smart does not guarantee that unauthorized access is completely preventable in every circumstance, as no method of electronically storing or transmitting data is completely secure. It is highly recommended that you monitor your credit card activity and use of your personal information on a regular basis.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we strive to protect your personal information, we cannot guarantee the security of your personal information transmitted via our Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained in the Services.

CONSENT

Your continued use of the Services constitutes your agreement to this Policy and any updates. By accepting the terms of this Policy, you are consenting to the collection and processing of all personal information provided by you through your use of the Services and sharing of such personal information in accordance with the terms of this Policy.

UPDATES TO OUR PRIVACY POLICY

We reserve the right, at our sole discretion, to change, modify, add, or remove portions of this Policy at any time. If this Policy changes in the future, we will let you know by posting the updated policy in our Site with the most recent modification date. Please check the Site periodically for changes. Your continued use of our Site, any rewards programs, or contacting our guest services center, means you acknowledge and understand our current and updated Policy.

REVOCATIONS OF POLICY AND QUESTIONS

Please feel free to contact us to discuss concerns or expectations or to raise your concerns with and contact authorities if you feel we have not adequately fulfilled our obligations or respected your rights under the law. You may revoke acceptance of the terms of this Policy, request that your email address or other personal information is not shared, or send any other inquiries about our practices relating to personal information.

CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at info@shakesmart.com or by mail using the details provided below:

3608 Tallison Terrace, Austin, TX 78704.